MORGANTOWN – West Virginia University College of Law's Veterans Advocacy Law Clinic is helping veterans as well as helping to teach third-year law students how to represent veterans.
Jennifer Oliva, associate professor of law and director of VALC, said third-year student attorneys have the opportunity to represent West Virginia veterans in litigation before administrative agencies and courts on benefits, discharge upgrades, employment claims and other civil and criminal matters.
"Student attorneys also represent local and national organizations in non-litigation matters relating to the legal needs of veterans, including regulatory and legislative reform efforts, media advocacy and strategic planning," Oliva said in an interview with The West Virginia Record.
Recently, student attorneys successfully appealed two denials of claim decisions by the Veterans Administration for Steven McCloud of Clarksburg, who served in the Navy from 1999 to 2006, and Elbert McCord of Cassville, who served in the Gulf War-Operation Desert Shield/Desert Storm.
"Mr. McCloud and Mr. McCord not only now have the benefits to which they are entitled - they have peace of mind and no longer have to fight with VA," Oliva said. "Winning VA appeals for these deserving veterans means everything to us at the clinic because that is the entire point of the program."
Oliva said the United States Department of Veterans Affairs (VA) benefits system is slow to resolve veterans' claims and is notoriously difficult to navigate. She said many veterans entitled to benefits give up on their claims.
"It is our goal in the clinic to step in for the veteran and advocate for their rights before the VA," Oliva said.
Oliva said the clinic hopes to both vindicate the veteran and, while so doing, reduce their claims-related stress and frustration.
Oliva said the law students represent all of the clinic’s veteran clients—from intake to case conclusion.
"Law students perform client intakes, screen cases, file claims, perform investigations, review medical records, conduct discovery and represent veterans at trial and on appeal," Oliva said. "The students are also required to take a year-long course on veterans and military law while they are enrolled in the clinic."
Oliva said there is a demonstrated need for additional affordable legal services for the approximately 170,000 veterans that currently reside in West Virginia, specifically in the southern part of the state.
There are major obstacles for West Virginia veterans, including navigating federal benefits and other veteran-specific entitlements.
"In order to expand our footprint into southern West Virginia, the clinic is currently seeking private support to employ a full-time WVU College of Law Veterans Fellow," Oliva said. "The recipient of the fellowship will be a recent WVU College of Law graduate with clinical experience."
Oliva said the Fellow will have a two-year contract and be located in Raleigh County.
Oliva said the clinic will provide the necessary infrastructure and supervision for the Fellow, which includes direct supervision on legal matters; necessary training and certification; health insurance and benefits; malpractice insurance; case management software; legal search engines, and office space at the WVU Tech Beckley Campus, including technical support.